Q: Are children entitled to anything after a parent dies, but leaves a spouse?
My father died without a WILL and his wife asked me and 5 other siblings to just sign a document that would release any assets that he may have had. She indicated that the document didn't have anything to do with us. When we asked to see what items we were waiving, she said that it didn't matter, we just needed to sign the document. Please advise!
A:
Children of a decedent, who are not children of the surviving spouse, share 2/3rds of the intestate decedent's estate with the surviving spouse, who is entitled to 1/3 of the estate. There are also various statutory allowances and exemptions available to a surviving spouse and to any minor children.
A person with an interest in an estate can sign a written disclaimer, in which they waive or give up their rights in the estate.
Anyone with a financial interest in a decedent's estate should consult with an experienced Virginia probate lawyer to discuss his or her options and the best course of action.
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